SMITH v. FLORENCE-MAYO NUWAY CO.

No. 6056.

182 F.2d 507 (1950)

SMITH et al. v. FLORENCE-MAYO NUWAY CO. et al.

United States Court of Appeals Fourth Circuit.

Decided June 2, 1950.


Attorney(s) appearing for the Case

Jesse A. Jones, Kinston, N. C., and W. Brown Morton, New York City (Pennie, Edmonds, Morton & Barrows, New York City, and Frank H. Kennedy, Charlotte, N. C., on brief), for appellants.

J. Hanson Boyden, Washington, D. C. (Bernard F. Garvey, Washington, D. C., and John B. Lewis, Farmville, N. C., on brief), for appellees.

Before PARKER, Chief Judge, SOPER and DOBIE, Circuit Judges.


PARKER, Chief Judge.

This is an appeal by plaintiff from a judgment for defendant in a patent infringement suit. The patent is Smith Patent No. 2,051,348 covering a drying house for tobacco; and claims 1, 2 and 7 of that patent are involved in the suit. The District Judge held that these claims were invalid in view of the prior art, but that, even if valid, they were not infringed. We do not find it necessary to pass upon the validity of the claims, since we are of...

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